Nationality and Borders Bill (Fourteenth sitting)
Debate between Anne McLaughlin and Craig Whittaker(2 years, 5 months ago)
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Craig Whittaker
I will come on to that when I discuss further measures in new clause 32, but our opinion is that the amendment is not necessary and I ask the hon. Member for Sheffield Central to withdraw it. On the new clauses, clause 58 is one of the six clauses drafted as placeholder clauses of introduction, as indicated in the explanatory notes and memorandum for the Delegated Powers and Regulatory Reform Committee. It was drafted as such in the interests of transparency to make clear our intention to bring forward substantive provision on age assessment. New clauses 29 and 35 are intended to replace clause 58 entirely.
Before I touch on the other clauses, regarding new clause 32, we have already said that determining a young person’s age is an inherently difficult task. One of the questions posed earlier was how we do that as a comparator between other young people growing up in less well-developed countries. Under current arrangements where an individual’s age is disputed, local authorities must already undertake an age assessment. That typically involves two appropriately qualified social workers undertaking a series of interviews with the young person and taking into account any other information that is relevant to their age. However, even where those assessments are conducted thoroughly and reach reasoned conclusions, they are fraught with difficulty, as one would imagine. Such assessments can have a wide margin of error. We are aware of cases where a Merton-compliant age assessment, as they are called, has been conducted on the same individual by different social workers and has come to very different conclusions about the person’s age. Given that context, the use of scientific age assessments represents an additional and important source of evidence to help decision makers in a difficult task, allowing them to better come to accurate judgments. At the end of the day, that is our aim.
Various scientific methods of age assessment are already in use across most European countries, and have been for several years. In Finland and Norway, which I mentioned earlier, radiographs are taken to examine development of the teeth and the fusion of bones in the wrist. Two certified experts perform the age assessment and must jointly agree on the person’s age. In France, X-rays are taken to examine the fusion of the collarbone, alongside dental and wrist X-rays. In Greece, dental X-rays are used alongside social worker assessments.
Anne McLaughlin
What are the experts comparing with? My question is, will they be comparing the bone density or whatever with that of children of the same age in the UK, knowing that the development of children from other parts of the world is very different, or will they have a database of comparable images of the skeletal system—whichever part they are using—from each of the other countries? Is that something that is happening at the moment, or will they just be compared with UK-based children?
Craig Whittaker
I suspect that the answer to the hon. Lady’s question is that how that is assessed will be down to the individual scientific advice given on the individual case at the time. I cannot see a like-for-like comparator for a child from Ethiopia or Sudan, which was mentioned earlier, being a child in this country. That is why the scientific evidence is a much more accurate way of assessing. It can be a great tool in the arsenal of assessing a child when compared with our existing system, which is the Merton assessment by two individual social workers. Given the challenges of assessing an individual’s age, we see no good reason why such technologies should not also be used. In all good faith, this is one of several tools in the arsenal. To further enhance my answer to the question asked by the hon. Lady, the precise scientific method of assessment will be specified in regulation, following scientific advice.
We are also making it clear within new clause 32 that a decision maker will be able to draw a negative credibility inference if an individual refuses to undergo a scientific age assessment without reasonable grounds. The introduction of any scientific method would be entirely undermined if someone who was asked to undergo such an assessment could simply refuse to co-operate. By legislating to develop our own scientific age assessment capability, we hope to emulate best practice across Europe and to ensure that unaccompanied asylum-seeking children are provided with the care they are entitled to in a safe environment.
Let me turn to the rest of the amendments in the group before I answer some of the questions. Amendment 168 is consequential on new clauses 32 and 33. It provides that the regulation-making powers in the clauses are commenced automatically two months after Royal Assent.
The purpose of new clause 29 is to define an “age-disputed person” and to set the parameters to whom the age-assessment clauses apply. It clarifies the meaning of a number of terms, including “age-disputed person”, “immigration functions”, “immigration officer” and the respective definitions of “local authority” in England, Wales, Scotland and Northern Ireland. The clause also defines the meaning of “relevant children’s legislation” across the four nations of the United Kingdom.
New clause 30 relates to the establishment of a decision-making function in the Home Office, referred to as the national age assessment board, or the NAAB, as I think the hon. Member for Enfield, Southgate referred to it. The NAAB will have responsibility for conducting age assessments of age-disputed persons on referral from the local authority or another public authority specified in regulation. Where an age-disputed person is referred to the NAAB by a local authority, the NAAB assessment will be binding on both the Home Office, in relation to immigration functions, and the local authority when determining access to children’s services. Alongside new clause 30, new clause 31 relates to the establishment of the NAAB. While most NAAB age assessments will be conducted on referral from a local authority, the new clause stipulates that the NAAB may, in certain situations, conduct age assessments on age-disputed persons for the sole purpose of deciding whether or how the Secretary of State should exercise any immigration functions.
Craig Whittaker
I think what the hon. Member has asked me to do is put a time limit on this, and I have already said clearly that just does not work. We have a duty to those in the immigration system, but we have a duty to protect the public too. The introduction of a 28-day detention time limit would severely limit our ability to remove those who refuse to leave voluntarily, and would encourage and reward abuse, to answer the question raised by the hon. Member for Sheffield Central, in some cases from individuals who present a genuine threat to the public, which is not the effect I consider the hon. Members intend with new clause 38.
Anne McLaughlin
Does the Minister not think that if someone represents a threat to the public, they would be in jail? If they are not in jail, there is no evidence that they represent a threat to the public.
Craig Whittaker
The hon. Lady is absolutely right, but we are talking about those who are a threat to the public. We have to have a duty of care. In fact, the first role of the Government is to protect their own citizens.
New clause 38 would allow those who wish to frustrate the removal process to run down the clock, in answer to the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East, until the time limit is reached and release is guaranteed. It would encourage late and opportunistic claims to be made simply to push them over the 28-day limit.
New clauses 38 to 40 are at total odds with the main objectives of the Bill, which will streamline the asylum process, ensuring that outstanding claims and appeals are dealt with much more effectively, with access to legal advice, while enabling us to remove more easily those with no lawful right to remain in the UK. In summary, it is the firm view of this Government that the introduction of a time limit would significantly impair the UK’s ability to proportionately and efficiently remove individuals who have no right to be here and who, in some cases, represent a significant danger to the public. I therefore respectfully ask the hon. Member to withdraw the amendment.
Nationality and Borders Bill (Fourteenth sitting)
Debate between Anne McLaughlin and Craig WhittakerTuesday 2nd November 2021
(2 years, 5 months ago)
Public Bill CommitteesRead Full debate Nationality and Borders Act 2022 View all Nationality and Borders Act 2022 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 2 November 2021 - (2 Nov 2021)
Craig Whittaker
I will come on to that when I discuss further measures in new clause 32, but our opinion is that the amendment is not necessary and I ask the hon. Member for Sheffield Central to withdraw it. On the new clauses, clause 58 is one of the six clauses drafted as placeholder clauses of introduction, as indicated in the explanatory notes and memorandum for the Delegated Powers and Regulatory Reform Committee. It was drafted as such in the interests of transparency to make clear our intention to bring forward substantive provision on age assessment. New clauses 29 to 37 are intended to replace clause 58 entirely.
Before I touch on the other clauses, regarding new clause 32, we have already said that determining a young person’s age is an inherently difficult task. One of the questions posed earlier was how we do that as a comparator between other young people growing up in less well-developed countries. Under current arrangements where an individual’s age is disputed, local authorities must already undertake an age assessment. That typically involves two appropriately qualified social workers undertaking a series of interviews with the young person and taking into account any other information that is relevant to their age. However, even where those assessments are conducted thoroughly and reach reasoned conclusions, they are fraught with difficulty, as one would imagine. Such assessments can have a wide margin of error. We are aware of cases where a Merton-compliant age assessment, as they are called, has been conducted on the same individual by different social workers and has come to very different conclusions about the person’s age. Given that context, the use of scientific age assessments represents an additional and important source of evidence to help decision makers in a difficult task, allowing them to better come to accurate judgments. At the end of the day, that is our aim.
Various scientific methods of age assessment are already in use across most European countries, and have been for several years. In Finland and Norway, which I mentioned earlier, radiographs are taken to examine development of the teeth and the fusion of bones in the wrist. Two certified experts perform the age assessment and must jointly agree on the person’s age. In France, X-rays are taken to examine the fusion of the collarbone, alongside dental and wrist X-rays. In Greece, dental X-rays are used alongside social worker assessments.
Anne McLaughlin
What are the experts comparing with? My question is, will they be comparing the bone density or whatever with that of children of the same age in the UK, knowing that the development of children from other parts of the world is very different, or will they have a database of comparable images of the skeletal system—whichever part they are using—from each of the other countries? Is that something that is happening at the moment, or will they just be compared with UK-based children?
Craig Whittaker
I suspect that the answer to the hon. Lady’s question is that how that is assessed will be down to the individual scientific advice given on the individual case at the time. I cannot see a like-for-like comparator for a child from Ethiopia or Sudan, which was mentioned earlier, being a child in this country. That is why the scientific evidence is a much more accurate way of assessing. It can be a great tool in the arsenal of assessing a child when compared with our existing system, which is the Merton assessment by two individual social workers. Given the challenges of assessing an individual’s age, we see no good reason why such technologies should not also be used. In all good faith, this is one of several tools in the arsenal. To further enhance my answer to the question asked by the hon. Lady, the precise scientific method of assessment will be specified in regulation, following scientific advice.
We are also making it clear within new clause 32 that a decision maker will be able to draw a negative credibility inference if an individual refuses to undergo a scientific age assessment without reasonable grounds. The introduction of any scientific method would be entirely undermined if someone who was asked to undergo such an assessment could simply refuse to co-operate. By legislating to develop our own scientific age assessment capability, we hope to emulate best practice across Europe and to ensure that unaccompanied asylum-seeking children are provided with the care they are entitled to in a safe environment.
Let me turn to the rest of the amendments in the group before I answer some of the questions. Amendment 168 is consequential on new clauses 32 and 33. It provides that the regulation-making powers in the clauses are commenced automatically two months after Royal Assent.
The purpose of new clause 29 is to define an “age-disputed person” and to set the parameters to whom the age-assessment clauses apply. It clarifies the meaning of a number of terms, including “age-disputed person”, “immigration functions”, “immigration officer” and the respective definitions of “local authority” in England, Wales, Scotland and Northern Ireland. The clause also defines the meaning of “relevant children’s legislation” across the four nations of the United Kingdom.
New clause 30 relates to the establishment of a decision-making function in the Home Office, referred to as the national age assessment board, or the NAAB, as I think the hon. Member for Enfield, Southgate referred to it. The NAAB will have responsibility for conducting age assessments of age-disputed persons on referral from the local authority or another public authority specified in regulation. Where an age-disputed person is referred to the NAAB by a local authority, the NAAB assessment will be binding on both the Home Office, in relation to immigration functions, and the local authority when determining access to children’s services. Alongside new clause 30, new clause 31 relates to the establishment of the NAAB. While most NAAB age assessments will be conducted on referral from a local authority, the new clause stipulates that the NAAB may, in certain situations, conduct age assessments on age-disputed persons for the sole purpose of deciding whether or how the Secretary of State should exercise any immigration functions.
Craig Whittaker
I think what the hon. Member has asked me to do is put a time limit on this, and I have already said clearly that just does not work. We have a duty to those in the immigration system, but we have a duty to protect the public too. The introduction of a 28-day detention time limit would severely limit our ability to remove those who refuse to leave voluntarily, and would encourage and reward abuse, to answer the question raised by the hon. Member for Sheffield Central, in some cases from individuals who present a genuine threat to the public, which is not the effect I consider the hon. Members intend with new clause 38.
Anne McLaughlin
Does the Minister not think that if someone represents a threat to the public, they would be in jail? If they are not in jail, there is no evidence that they represent a threat to the public.
Craig Whittaker
The hon. Lady is absolutely right, but we are talking about those who are a threat to the public. We have to have a duty of care. In fact, the first role of the Government is to protect their own citizens.
New clause 38 would allow those who wish to frustrate the removal process to run down the clock, in answer to the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East, until the time limit is reached and release is guaranteed. It would encourage late and opportunistic claims to be made simply to push them over the 28-day limit.
New clauses 38 to 40 are at total odds with the main objectives of the Bill, which will streamline the asylum process, ensuring that outstanding claims and appeals are dealt with much more effectively, with access to legal advice, while enabling us to remove more easily those with no lawful right to remain in the UK. In summary, it is the firm view of this Government that the introduction of a time limit would significantly impair the UK’s ability to proportionately and efficiently remove individuals who have no right to be here and who, in some cases, represent a significant danger to the public. I therefore respectfully ask the hon. Member to withdraw the amendment.